High Court Of ChhattisgarhMCRC/9337/2021allowed

Narendra Chauhan v. State Of Chhattisgarh

2021-11-26Hon'Ble Shri Justice Naresh Kumar Chandravanshi2 pages

MCRC No. 9337 of 2021 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 9337 of 2021 Narendra Chauhan S/o Rajendra Chauhan Aged About 21 Years R/o Laxmi Nagar, Supela, Bhilai District Durg Chhattisgarh., District : Durg, Chhattisgarh ---- Applicant

Versus

State of Chhattisgarh Through S.H.O. Excise Thana Bhilai Circle 01, Durg Chhattisgarh., District : Durg, Chhattisgarh ---- Respondent ____________________________________________________ For Applicant - Ms. Anjali Singh Chouhan, Advocate on behalf of Shri Aman Pandey, Advocate.

For Respondent/State - Shri Ankur Kashyap, Panel Lawyer. Hon'ble Justice Shri N.K. Chandravanshi Order on Board 26-11-2021

1. Heard.

2. The applicant has preferred the first bail application under Section 439 of the Cr.P.C. for grant of regular bail, as he has been arrested in connection with Crime No.81/2021, registered in Excise Thana Bhilai Circle, 01, Durg, District - Durg (C.G.) for the offence punishable under Section 34 (2), 36 & 59 (A) of the Chhattisgarh Excise Act.

3. Allegation against the applicant is that on 21-10-2021, the applicant was found in illicit possession of 18.360 bulk liters of liquor.

MCRC No. 9337 of 2021

4. Learned counsel for the applicant submits that the applicant is innocent, he has been falsely implicated in the present case and the applicant is in jail since 21-10-2021. He further submits that this is the first crime registered against the applicant. Hence, he may be enlarged on bail.

5. Per contra, learned State counsel would oppose the bail application filed by the applicant. He further submits that, as per case diary, no criminal antecedent has been shown against the applicant.

6. Considering the entire facts and circumstances of the case, quantity of liquor seized from the possession of the applicant and also the period of detention, I am inclined to release the applicant on bail.

7. Accordingly, the present bail application is allowed. It is directed that if the applicant furnishes one solvent surety for a sum of Rs.25,000/- along with one personal bond in the like sum to the satisfaction of the trial Court concerned for his appearance before the concerned Court as and when directed by the said Court, he be released on bail.

SD/- (N.K.Chandravanshi) Judge Amardeep